Santosh Kanwar @APPELLANT@Hash Shaitan Singh

This time-barred misc appeal has been filed by the appellant to challenge the judgment and decree dated 04.08.2014 passed by learned Judge, Family

Court, Bikaner in Civil Case No.62/2014 and order dated 06.09.2017 passed by learned Judge Family Court No.1, Bikaner in Civil Original Suit No.

27/2016.

 As per the facts of the case, the marriage of the appellant-wife was solemnized with the respondent-husband Shaitan Singh on 13.04.2008 at

Village Fanta, Tehsil Jayal, District Nagaur as per hindu customs and rites.Â

 An application was moved by the appellant and respondent under Section 13B of the Hindu Marriage Act,1955 (hereinafter referred to as ‘the

Act of 1955’ for brevity) before the Judge, Family Court, Bikaner for mutual divorce and the learned Judge, Family Court, Bikaner after

considering the entire facts of the case and conducting conciliation proceedings, finally accepted the application filed under Section 13B of the Act of

1955 vide order dated 04.08.2014Â and passed the decree of divorce.

 After passing of judgment and decree dated 04.08.2014, in the year 2016, a civil suit was filed by the appellant-wife for declaration of the

judgment and decree dated 04.08.2014 null and void stating therein that while playing fraud, the respondent husband obtained the impugned

judgment and decree, in fact the respondent husband took her before the Court by saying that for transferring of house in her name, her presence isÂ

required and thus obtained thumb impression on the application under Section 13B of the Act of 1955, therefore, the divorce decree passed upon the

application under Section 13B of the Hindu Marriage Act, may be declared null and void.

 The learned Judge, Family Court, Bikaner after recording evidence finally dismissed the suit filed by the appellant against the judgment and

decree dated 04.08.2014 passed upon the application under Section 13B of the Hindu Marriage Act, vide order dated 06.09.2017.

 Learned counsel for the appellant submits that the mutual divorce decree was obtained by playing fraud, therefore, the learned Judge, Family Court

ought to have considered this important aspect of the matter at the time of deciding the Civil suit No.27/2016 filed by the appellant because there is

ample evidence which clearly shows that the divorce decree was obtained by playing fraud, therefore, the judgment and decree dated 04.08.2014Â as

well as the order dated 06.09.2017 passed in Civil Suit No.27/2016 by learned Judge, Family Court No.1 Bikaner may kindly be quashed and set aside.

 Admittedly, this misc appeal has been filed after a delay of 55 days and it is also admitted position that the divorce decree upon application under

Section 13B of the Hindu Marriage Act was passed on 04.08.2014 and thereafter a suit was filed by the appellant to declare the divorce decree dated

04.08.2014 null and void in which the statements of the appellant were recorded and the learned trial court gave finding that efforts were made for

conciliation so also the application was read over and explained and after accepting the facts narrated in the application, the appellant put her thumb

impression.

 We have perused the record of the divorce decree. The application was filed on 29.01.2014 by both the parties under Section 13B of the Act of

1955 and thereafter the matter was listed in the Family Court on 04.08.2014. On that date, the following order was passed by the learned Family Court

which reads as under:-

04-08-14

“

i{kdkjku e; U;k;fe= mi-A

i{kdkjku ds e/; le>kSrk okrkZ djokbZ xbZ] tks fd vlQy jghA lk{; eas

nksuksa i{kdkjkas us vius&2 “kiFk i= isâ€​k fd,] “kkfey fely jgsA

nksuksa i{kkas ds U;k;fe=kas us eq[; i=koyh dk voyksdu fd;kA vknsâ€​k

i`Fkd ls fy[kk;k tkdj lquk;k x;kA eqrkfcd vknsâ€​k izkFkhZx.k “kSrku

flag ,oa larks’k daoj }kjk izLrqr fopkjk/khu izkFkZuk i= vUrxZr /kkjk

13 Lohdkj fd;k tkdj izkFkhZx.k “kSrku flag ,oa larks’k daoj

B HMA

e/; izkFkZuk i= izLrqr djus ds Bhd 8 o’kZ iwoZ ceqdke cwyM+h

QkaVk rglhy tk;y ftyk ukxkSj eas laEiUu gq, fookg dks vkilh lgefr ds

vk/kkj ij foPNsfnr fd;k tkrk gSA i=k- QSly “kqekj gksdj nkf[ky

n¶rj gksosA

â€​

In our opinion, the entire proceedings were undertaken by the Judge, Family Court for the purpose of mutual divorce upon application under Section

13B of the Act in accordance with law. Therefore, there is no reason to quash the divorce decree passed upon application under Section 13B of the

Act so also the order dated 06.09.2017 passed by Judge, Family Court No.1, Bikaner in Civil Suit No.27/2016 which is based upon sound appreciation

of evidence.Â

Consequently, there is no force in this misc. appeal filed by the appellant. Consequently, the application filed under Section 5 of Limitation Act is

hereby rejected so also the instant misc. appeal itself is rejected on merits.